Hampton Roads
Zoning Atlas Forum

Welcome!

Zoning 101

Have you ever wondered why…

A gas station went up on that corner instead of a new park?

The mall has so much parking around it?

That new apartment building is so tall?

…it’s ZONING!

Zoning refers to a collection of local laws that
tell property owners what they can and can’t do
with their property.

This makes some sense, right?

Well…

In 20 minutes…

1. Know where zoning came from

2. Understand the nuts and bolts

3. Be ready to dive into the VZA

Zoning’s origin story stories

⚖️ Euclid v. Ambler

Ambler Realty Co. sues Village of Euclid, Ohio after new zoning ordinance significantly limits ability for industrial development on tract of land they own.

Plaintiffs assert “enforcement would constitute an unconstitutional taking” without due process.

Case goes before U.S. Supreme Court in 1926.

Zoning found CONSTITUTIONAL as reasonable part of local government’s power to promote public health, safety, and general welfare.

By mid-century, most local governments in America have a zoning ordinance.

Wait, SCOTUS said what?

. . . very often the apartment house is a mere parasite, constructed in order to take advantage of the open spaces and attractive surroundings created by the residential character of [single-family neighborhoods]

Majority opinion by Justice Sutherland in Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926)

Let’s go back…

Pre-NYC zoning activity

1885: Modesto, California
Local ordinance prohibits public laundry facilities (run primarily by Chinese immigrants) in city limits.

1908: Richmond, Virginia
New regulations created to govern height and arrangement of buildings.

  • Upheld by Virginia Supreme Court.
  • Literal inspiration for NYC’s 1916 ordinance.

1910 Baltimore segregation ordinance

Blacks should be quarantined in isolated slums in order to reduce the incidence of civil disturbance, to prevent the spread of communicable disease into the nearby White neighborhoods, and to protect property values among the White majority.

— Mayor J. Barry Mahool, May 1911

First zoning ordinance explicitly referencing race.

1911 Richmond segregation ordinance

To secure for white and colored people respectively the separate location of residences for each race.

Unlawful for a person to live on a block where more houses are occupied by persons of another race.

Town of Ashland passes same ordinance five months later.

⚖️ Hopkins v. City of Richmond
Virginia Supreme Court upholds ordinance 1915.

⚖️ Buchanan v. Warley

In 1917, U.S. Supreme Court rules racial segregation zoning laws unconstitutional.

Then what?

How zoning works today

Planning ahead, acting today

The comprehensive plan defines and maps future land use categories across a locality

Planners use this guidance to create specific zoning districts in a legal ordinance and assign them to all parcels appropriately

Regulations within the zoning ordinance provide the development potential for every property owner

Yes, no, and maybe

What can you do with your property?

By-right
Meet all the requirements and all you need is a building permit. No special approval or public hearing required

Special use permit
Submit an application for an otherwise unallowable use, to be reviewed by staff and go to planning commission and legislative body for approval at public hearings.

Zoning variance
Submit request for exemption from specific aspect of zoning ordinance, to be reviewed and approved by board of zoning appeals.

Other conditions
Proposals for certain development scenarios may also require site plans, subdivision plats, and other materials to be reviewed and approved by the local government.

What’s the deal?

The good

✔️ Allows communities to effectively guide their growth

✔️ Offers residents opportunities to get involved in their communities

✔️ Can prevent unwise developments

The bad

❌ Regulations can be complex and burdensome

❌ Zoning remains highly exclusionary in many places

❌ Minority of loud residents have veto pathway

Remember Euclid?

Virginia Zoning Atlas

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Hampton Roads Zoning Atlas Forum | October 13, 2023